Transfer of Undertakings (TUPE) Solicitors & Advisors for Employers

At Dragon Argent, our expert employment solicitors provide clients with clear, bespoke, legally compliant TUPE advice that enables businesses to protect themselves from employment risk.

Our TUPE advice services

  • Determining whether TUPE applies

  • Dismissals Due diligence exercise

  • Employee contract changes

  • Employee rights when affected by TUPE

  • Employer obligations in relation to informing and consulting with employees

  • Protecting employee personal data

  • Transferring employees – what to do before, during and after transfer

We have extensive experience providing TUPE advice for employers across the UK. No matter whether you require advice on TUPE, employee contracts, recruitment and more, our team can help.

or send your enquiry to ask@dragonargent.com

TRUSTED BY FOUNDERS, STARTUPS & SMEs

Reduce your risk with expert TUPE advice

The purpose of TUPE is to protect the rights of all employees when the whole or part of the business of an employer is taken over by another employer. TUPE applies to both an employer who is making the transfer (also known as the transferor) and the employer who is taking on the transfer (also known as the ‘new employer’ or the transferee).

When you work with us, our team becomes part of your extended team. We’ll provide advice and help you to gain a deeper understanding of TUPE regulations. Whilst helping with the more practical aspects of a business acquisition or sale. This includes:

Why choose our firm:

  • We offer remote service nationwide

  • All our advice is based on the ACAS Code of Practice, you can be 100% confident that it’s accurate and in line with the law.

  • 100% confidential and only for businesses like yours.

TUPE is not optional. If you fail to meet any aspect of TUPE law, then you risk staff taking you to an employment tribunal.

Don’t take the risk. Schedule a discovery call and get our advice on how avoid damaging TUPE pitfalls.

 
 

Cacy Symonds

Head of Employment and Immigration

 

Hear what our clients think:

“At Hello Cash we bring in talent from across the globe. Cacy has helped us relocate a large chunk of our team quickly and cost-effectively. I could rely entirely on Dragon Argent to manage the process. They are practical and speak startup language.”

Bogdan Uzbekov | Hello Cash

 

GOT A TUPE RELATED QUESTION?

Get your confidential TUPE advice for your business today and save time, money and stress during TUPE. Reach out to our expert employment solicitors at ask@dragonargent.com or fill out the below enquiry form

 

or send your enquiry to ask@dragonargent.com

 
 

Frequently Asked Questions

  • TUPE applies to employees of businesses in the UK irrespective of size, turnover or amount of employees. As long as you employ someone – it affects you. Our employment law team can support you throughout the process of your business restructure and ensure you are protected from potential disputes. The TUPE regulations apply to business transfers and service provision changes.

  • Yes, we are regulated by the Solicitors Regulation Authority and must adhere to their professional conduct standards at all times. We are regularly audited and always work in our clients best interests.

  • The question of whether TUPE does apply is not always clear cut or obvious. TUPE brings with it an element of uncertainty and therefore, on the transfer of any business or change of service provision, legal advice should be sought. Our team have extensive experience advising clients to ensure their legal obligations are met in relation to TUPE.

    TUPE has been found to apply to:

    1. Mergers.

    2. Sales of businesses by sale of assets.

    3. A change of licensee or franchisee.

    4.The inherited gift of a business.

    5. Transfers from companies in administration.

    6. Contracting out of services.

    7. Changing contractors.

    8. Selling or transferring all or part of a sole trader's business or a partnership.

  • In the event that an employee opposes an exercisable transfer which would ordinarily take effect by virtue of TUPE then the employee’s contract of employment will not automatically transfer. Instead, through operation of law, the contract will terminate when the transfer of the business takes effect. A termination in this manner would not be classed as a dismissal.

  • Before a transfer of ownership takes place, employers have an obligation to consult and inform trade unions or employee representatives when, why and the effects of the transfer as well as information regarding the use of agency workers.

    If employers fail to consult and inform then they run the risk of having to provide the employees with 13 week’s uncapped pay. In the event of a penalty of this kind, the transferor and transferee can be jointly and severally liable.

    Smaller companies (less than 10 employees) are able to consult and inform directly with their employees if there are no appropriate representatives available with which to consult.